Assembly Bill A7438

2019-2020 Legislative Session

Relates to arbitration organizations

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A7438 (ACTIVE) - Details

See Senate Version of this Bill:
S2895
Law Section:
General Business Law
Laws Affected:
Amd §399-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8431
2013-2014: A604
2015-2016: A108
2017-2018: A7175, A9769, S7146
2021-2022: A3297, S3123
2023-2024: A2118, S2083

2019-A7438 (ACTIVE) - Summary

Relates to arbitration organizations; requires private arbitration organizations involved in fifty or more consumer arbitrations per year to collect, publish at least quarterly, and make available to the public in a computer-searchable database certain information relating to such arbitrations; prohibits financial conflicts of interest.

2019-A7438 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7438
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 3, 2019
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to arbitration
   organizations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Subdivision 1 of section 399-c of the general business law
 is amended by adding a new paragraph e to read as follows:
   E. THE TERM "ARBITRATION  ORGANIZATION"  SHALL  MEAN  AN  ASSOCIATION,
 AGENCY,  BOARD,  COMMISSION,  OR OTHER ENTITY THAT IS NEUTRAL AND INITI-
 ATES, SPONSORS, OR ADMINISTERS AN ARBITRATION PROCEEDING OR IS  INVOLVED
 IN  THE  APPOINTMENT OF AN ARBITRATOR UNLESS SUCH INVOLVEMENT IS LIMITED
 TO A CONTRACTUAL RELATIONSHIP THAT AUTHORIZES THE USE OF ARBITRATION.
   § 2. Section 399-c of the general business law is  amended  by  adding
 three new subdivisions 3, 4 and 5 to read as follows:
   3.  A.  ANY  PRIVATE  ARBITRATION  ORGANIZATION THAT ADMINISTERS OR IS
 OTHERWISE INVOLVED IN FIFTY OR MORE CONSUMER ARBITRATIONS A  YEAR  SHALL
 COLLECT, PUBLISH AT LEAST QUARTERLY, AND MAKE AVAILABLE TO THE PUBLIC IN
 A  COMPUTER-SEARCHABLE  DATABASE  THAT  PERMITS  SEARCHING WITH MULTIPLE
 SEARCH TERMS IN THE SAME SEARCH, WHICH SHALL BE ACCESSIBLE AT THE INTER-
 NET WEBSITE OF THE PRIVATE ARBITRATION  ORGANIZATION,  IF  ANY,  AND  ON
 PAPER  UPON  REQUEST,  ALL  OF  THE FOLLOWING INFORMATION REGARDING EACH
 CONSUMER ARBITRATION IT HAS ADMINISTERED OR OTHERWISE BEEN  INVOLVED  IN
 WITHIN THE PRECEDING FIVE YEARS:
   (1) THE NAME OF THE NON-CONSUMER PARTY, IF THE NON-CONSUMER PARTY IS A
 CORPORATION OR OTHER BUSINESS ENTITY;
   (2)  THE STATE AND ZIP CODE IN WHICH THE CONSUMER PARTY RESIDED AT THE
 TIME OF ARBITRATION;
   (3) THE TYPE OF DISPUTE INVOLVED, INCLUDING GOODS, BANKING, INSURANCE,
 HEALTH CARE, EMPLOYMENT, AND, IF IT INVOLVES EMPLOYMENT, THE  AMOUNT  OF
 THE  EMPLOYEE'S ANNUAL WAGE DIVIDED INTO THE FOLLOWING RANGES: LESS THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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